NERC seeks to discharge order on new electricity tariff

The Nigerian Electricity Regulatory Commission (NERC) yesterday prayed the Federal High Court in Lagos to discharge an ex-parte order restraining it from implementing the new electricity tariff.

The new billing rate for power consumption was to take effect from June 1 but was stopped by the court.

Justice Mohammed Idris made the order following an ex-parte application by a Lagos-based lawyer, Mr Toluwani Adebiyi.

The judge had restrained NERC and the electricity distribution companies from effecting any increment in electricity tariff pending the hearing and determination of the suit.

The commission’s counsel, Mr Tonbofa Ashimi, told the court yesterday that he filed an application to discharge the order.

He said he also filed a preliminary objection challenging the suit.

Adebiyi said he needs time to respond to the said application on points of law.

The court had, on June 15, renewed the order so as to preserve the subject matter of the suit.

The plaintiff had said: “My Lord, everybody is affected. Even this court is running on generator. There is a need to stop them from increasing the electricity tariff because Nigerians can’t afford such and there is no justification for such increment.”

Adebiyi is seeking an order restraining the NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria.

He also wants an order restraining the NERC from foisting compulsory service charge on pre-paid meters not until “the meters are designed to read charges per second of consumption and not a flat rate of service not rendered or power not used.”

He also wants the service charge on pre-paid meters not to be enforced until there is visible efficient and reliable power supply like those of foreign countries where the idea of service charge was borrowed.

Adebiyi is further asking for an order of court mandating the NERC to do the needful and generate more power to meet the electricity use of Nigerians, adding that the needful should include and not limited to a multiple long-term financing approach, sourced from the banks, capital market, insurance and other sectors of finance to power the sector.

The lawyer is also praying the court to mandate the NERC to make available to all Nigerians within a reasonable time of maximum of two years, pre-paid meters as a way to stop the throat-cutting indiscriminate estimated bill and which must be devoid of the arbitrary service charge, but only chargeable on power consumed.

In an affidavit in support of the suit personally deposed to by the applicant, the lawyer lamented that despite the motto and mission of NERC which were expressly stated as “keeping the light on and to meet the needs of Nigeria for safe, adequate, reliable and affordable electricity,” most communities in Nigeria do not get more than 30 minutes of electricity supply, while the remaining 23 hours and 30 minutes were always without light and in total darkness.

Justice Idris adjourned till July 21 for hearing of all pending applications.